Legal Question in Intellectual Property in Ohio

Can I be forced to remove an image from my website?

In June 2000 I began a company that makes custom action figures. In Dec. 2000 I created an action figure from a copywritten character in a comic book and entered it in a figure design contest. I won the contest and was printed in a magazine. I posted the article on my website and put pictures of the figure in the figure gallery section of my website. The figure was never intended to be sold and I own the original. A year ago I tried to reach the artist who owns the copyright, just to see if he wanted the figure and to tell him I love his work. He never answered my e-mails. I recently received an e-mail from the publisher of the comic book (who doesn't own the rights) stating ''�I must insist that you remove the image form your site. Even as a one-of-a-kind thing, the figure violates the artists copyright and trademark since you are using it to solicit other business and since the figure itself could be used as a prototype for a �said� toy by someone less reputable than yourself.'' I am selling my talents as a sculptor by displaying the figure and want to keep it on my website. I must stress I do not intend to sell any of the figures. Can the publisher force me to remove the images? Someone PLEASE help.


Asked on 1/22/02, 7:28 pm

2 Answers from Attorneys
Daniel Press Chung & Press, P.C.

Re: Can I be forced to remove an image from my website?

Yes. You are violating the copyright, and any commercial use can in no way be deemend "fair use."

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Answered on 1/22/02, 7:41 pm
Bruce Burdick Burdick Law Firm

Re: Can I be forced to remove an image from my website?

I think the last post was not helpful to you. There are some things you might do. First you might respond to the email by saying it is indeed a one of a kind thing and is not for sale and that there is only credit brought to the character. Second, you might respond that you would like to donate it to the comic book company. Third, you might request a license from the artist or comic book company and say you are willing to agree the copyright belongs to the artist and company. Fourth, you might tell them you will assign any copyright in the scuplture to either the artist or the comic book company so that they could enforce it if any such toy was made. If I were you I would call and do all that by phone. The comic book company might consider that the potential for making money on replicas of the statue or toys made from the statue outweight the remote possibility of damage from the appearance on the site.

I hope this gives you some ideas for working your way out of a copyright infringement that is probably not really causing any damage to the copyright owner. I am a mediator in addition to being a litigator, so I always like to look for win-win opportunities in problems, and for ways to make the rights involved more valuable. Here the comic book company has infinitely more ability to market its character in statue form than you ever will or could. You, on the other hand are just looking for publicity, and might look at this as an opportunity to give away a copyright that, being derivative, you could not really promote anyway but which might be of benefit to the comic book company or artist, in return for publicity. If the giveaway works, then you could in a year or so try asking the comic book company let you truthfully post that the statue was donated to the comic book company.

Hope this helps. Keep me in mind as a deal making lawyer rather than one of the usual naysayers.

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Answered on 1/23/02, 12:51 am


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